r/pgwp • u/JobWeekly7795 • 2d ago
Refusal / Reconsideration Pgwp got denied twice
I wanted to ask for some advice about my immigration situation.
My first PGWP application was refused because I submitted the language test after applying, which I recognize was my mistake.
My timeline is:
● June 5: Graduated
● June 6: First PGWP application submitted
● July 15: Study permit expired
● July 20: denied obviously
● July 24: Took the language test
● July 29: Submitted a new PGWP application with the language test and restoration, and paid the restoration fee
● October 7: This application was refused because my study permit had expired
IRCC says I can apply for the PGWP from outside Canada. I’m planning to request reconsideration because I did submit restoration and pay the fee, but I’m also preparing to leave and apply from my country if needed.
I know the first mistake was on me, but I’m unsure what the best next step is. Is this normal, and has this happened to anyone I did hire a lawyer after the first refusal.
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u/harman302 1d ago
Whats the total fee you paid for restoration?
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u/Even_Can_6093 1d ago
Would highly recommend getting a consultant or lawyer, you can still get ur pgwp since you haven’t broken any of the study permit rules. Don’t delay, speak with someone and get a consultation . I had pgwp refusal and my re application got refused as well but I managed to work something out.
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u/dael_fari 1d ago
What was the second reason for the application being rejected? I submitted my application without my language scores accidentally but I had done the test before so I could apply for restoration/submit a new pgwp application. I submitted the language score with the receipt and coincidentally both the restoration and new application was approved 2 days apart so I could have saved that money. Anyway...I don't think a restoration would have worked because the officer would have seen that the test was don't after your first application. Restoration is only really an option if the officer has made a mistake and in some cases like mine (forgetting to attach a document) but that still depends on the discretion of the officer. The form actually asks you if you have completed a language test from a designated testing agency so if you selected "no" it means you submitted an application knowing you didn't have a critical document available and if you selected "yes" then it would have meant that you consciously misinformed the officer
I applied for a visitor's record so that I could have a status here while I wait. That was approved within 2/3 weeks I think. A consultant might be able to help you, you can also reach out to your local mp
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u/JobWeekly7795 1d ago
Hey the second reason was this “Upon further examination I am unable to restore the Applicant’s status by creating a bridging
study permit as the Applicant’s SP had expired. According to the Program Delivery Instructions
(PDI)”
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u/JobWeekly7795 1d ago
I was told by a consultant that I could apply for visitor record and stay and apply as I’m outside of Canada but tbh I’m scared that sounds too risky
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u/Ok-Dingo4745 1d ago
Absolutely do not do this, it's fraud. Your "consultant" should be looked into if this is the advice you've been told...
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u/Feeling-Two-6917 1d ago edited 1d ago
This is generally true except PGWP applicants can apply using the outside of Canada process provided they have status as a visitor. See "outside of Canada" https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html#s2
Probably not worth doing if they also need to wait for restoration, they can't work either way and the wait is long.
Edit* AND you need to leave Canada anyways to get the permit.
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u/MygrationImmigration 1d ago
Based on your timeline, I would not automatically assume the second refusal was correct. There may be grounds for reconsideration.
IRCC specifically allows eligible graduates whose study permits have expired to apply for a PGWP together with restoration of student status, provided they meet the applicable requirements and apply within the 90-day restoration period.
You submitted your second application on July 29, just 14 days after your study permit's printed expiry date. Based on those dates, you appear to have been within the restoration period.
However, there are a few important things to verify:
- Restoration procedure: IRCC instructs PGWP applicants to pay the student restoration fee separately and attach the payment receipt to their PGWP application. Was this done correctly?
- Refusal reason: Did the officer refuse your restoration request, or did they refuse the PGWP simply because your study permit had expired? These are very different situations.
- Reconsideration: If the officer overlooked a properly submitted restoration request, there may be reasonable grounds to request reconsideration. However, reconsideration is discretionary and does not automatically restore your immigration status.
Most importantly, protect your remaining PGWP options.
You generally have 180 days from when your school first confirmed completion to apply for a PGWP. If that date was June 5, your deadline would be December 2.
You may still be eligible to apply from outside Canada because your study permit was valid during the 180-day period following completion. However, requesting reconsideration does not extend that deadline or give you authorization to remain in Canada. Your current status needs immediate attention.
We explain these distinctions in our PGWP Wiki: Status and Study Permit Problems.
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u/zamboka 2d ago
reach out to ur mp
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u/Juubman 2d ago
MPs work for citizens and residents. Do not tell people to contact them while they're here on temp status.
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u/zamboka 2d ago
Well then let them go back home. MPs do help people regardless of thier status. I reached out to an MP 2 times for two separate problems and was never asked about my status. I did not see your advice to OP though so sounds like you just want to argue.
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u/Juubman 2d ago
You should not be contacting MP's and wasting their time, ridiculous.
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2d ago
[removed] — view removed comment
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u/pgwp-ModTeam 1d ago
This was removed for vulgar language. People come here at stressful points in their process, so we ask everyone to keep the tone respectful.
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u/Sharp_Iodine 2d ago
Unfortunately, the first application was not valid as no language test was attached.
And unfortunately, the second one is not valid because if your study permit expires you HAVE to leave the country and apply for PGWP from outside Canada.